Bill Text: NY A03419 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands service of process to the department of state in the city of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A03419 Detail]
Download: New_York-2023-A03419-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3419 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the business corporation law, the executive law, the general associations law, the limited liability company law, the not- for-profit corporation law, the partnership law, the tax law, the administrative code of the city of New York, the real property law, the general business law, the navigation law, and the vehicle and traffic law, in relation to expanding service of process to the department of state in the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph (b) of section 306 of the busi- 2 ness corporation law, as amended by section 2 of part KK of chapter 56 3 of the laws of 2021, is amended to read as follows: 4 (1) Service of process on the secretary of state as agent of a domes- 5 tic or authorized foreign corporation shall be made in the manner 6 provided by clause (i) or (ii) of this subparagraph. Either option of 7 service authorized pursuant to this subparagraph shall be available at 8 no extra cost to the consumer. (i) Personally delivering to and leaving 9 with the secretary of state or a deputy, or with any person authorized 10 by the secretary of state to receive such service, at the office of the 11 department of state in either the city of Albany or New York, duplicate 12 copies of such process together with the statutory fee, which fee shall 13 be a taxable disbursement. Service of process on such corporation shall 14 be complete when the secretary of state is so served. The secretary of 15 state shall promptly send one of such copies by certified mail, return 16 receipt requested, to such corporation, at the post office address, on 17 file in the department of state, specified for the purpose. If a domes- 18 tic or authorized foreign corporation has no such address on file in the 19 department of state, the secretary of state shall so mail such copy, in 20 the case of a domestic corporation, in care of any director named in its EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06338-01-3A. 3419 2 1 certificate of incorporation at the director's address stated therein 2 or, in the case of an authorized foreign corporation, to such corpo- 3 ration at the address of its office within this state on file in the 4 department. (ii) Electronically submitting a copy of the process to the 5 department of state together with the statutory fee, which fee shall be 6 a taxable disbursement, through an electronic system operated by the 7 department of state, provided the domestic or authorized foreign corpo- 8 ration has an email address on file in the department of state to which 9 the secretary of state shall email a notice of the fact that process has 10 been served electronically on the secretary of state. Service of proc- 11 ess on such corporation shall be complete when the secretary of state 12 has reviewed and accepted service of such process. The secretary of 13 state shall promptly send a notice of the fact that process has been 14 served to such corporation at the email address on file in the depart- 15 ment of state, specified for the purpose and shall make a copy of the 16 process available to such corporation. 17 § 2. The executive law is amended by adding a new section 92-a to read 18 as follows: 19 § 92-a. Service of process. In any case in which service of process on 20 the secretary of state as agent or attorney of an organization, associ- 21 ation, partnership, corporation, company, trust or other person or enti- 22 ty is authorized by law at the office of the department of state in the 23 city of Albany, service of process on the secretary of state may be made 24 by personal delivery to the secretary of state or a deputy, or any 25 person authorized by the secretary of state to receive such service, at 26 the office of the department of state in the city of New York. The 27 secretary of state shall so authorize appropriate persons at such 28 office. 29 § 3. Subdivision 2 of section 172-c of the executive law, as amended 30 by chapter 43 of the laws of 2002, is amended to read as follows: 31 2. Service of such process upon the secretary of state shall be made 32 by personally delivering to and leaving with the secretary of state or 33 any person authorized by the secretary of state to accept such service a 34 copy thereof at the office of the department of state in either the city 35 of Albany or New York, and such service shall be sufficient service 36 provided that notice of such service and a copy of such process are 37 forthwith sent by the attorney general or any other party to such chari- 38 table organization by certified mail with return receipt requested, at 39 its office as set forth in the registration form required to be filed 40 with the attorney general pursuant to section one hundred seventy-two of 41 this article, or in default of the filing of such form, at the last 42 address known to the attorney general or any other party. Service of 43 such process shall be complete upon the receipt by the attorney general 44 or any other party of a return receipt purporting to be signed by the 45 addressee or a person qualified to receive its certified mail, in 46 accordance with the rules and customs of the post office department, or, 47 if acceptance was refused by the addressee or its agent, ten days after 48 the return to the attorney general or any other party of a notation by 49 the postal authorities that receipt thereof was refused. 50 § 4. Subdivision 2 of section 173-c of the executive law, as amended 51 by chapter 43 of the laws of 2002, is amended to read as follows: 52 2. Service of such process or notice upon the secretary of state shall 53 be made by personally delivering to and leaving with the secretary of 54 state or any person authorized by the secretary of state to accept such 55 service a copy thereof at the office of the department of state in 56 either the city of Albany or New York, and such service shall be suffi-A. 3419 3 1 cient service provided that notice of such service and a copy of such 2 process are forthwith sent by the attorney general or other party as the 3 case may be to such professional fund raiser, fund raising counsel, 4 professional solicitor or commercial co-venturer by certified mail with 5 return receipt requested, at the office address as set forth in the 6 registration form required to be filed with the attorney general pursu- 7 ant to sections one hundred seventy-three and one hundred 8 seventy-three-b of this article, or in default of the filing of such 9 form, at the last address known to the attorney general or other party. 10 Service of such process shall be complete ten days after the receipt by 11 the attorney general or other party of a return receipt purporting to be 12 signed by the addressee or a person qualified to receive the addressee's 13 certified mail, in accordance with the rules and customs of the post 14 office department, or, if acceptance was refused by the addressee or the 15 agent, ten days after the return to the attorney general or other party 16 of the original envelope bearing a notation by the postal authorities 17 that receipt thereof was refused. 18 § 5. Section 19 of the general associations law, as amended by section 19 16 of part KK of chapter 56 of the laws of 2021, is amended to read as 20 follows: 21 § 19. Service of process. Service of process against an association 22 upon the secretary of state shall be made in the manner provided by 23 subdivision one or two of this section. Either option of service author- 24 ized pursuant to this section shall be available at no extra cost to the 25 consumer. (1) Personally delivering to and leaving with him or her or 26 with a person authorized by the secretary of state to receive such 27 service, duplicate copies of such process at the office of the depart- 28 ment of state in either the city of Albany or New York. At the time of 29 such service the plaintiff shall pay a fee of forty dollars to the 30 secretary of state which shall be a taxable disbursement. The secretary 31 of state shall promptly send by certified mail one of such copies to the 32 association at the address fixed for that purpose, as herein provided. 33 (2) Electronically submitting a copy of the process to the department of 34 state together with the statutory fee, which fee shall be a taxable 35 disbursement, through an electronic system operated by the department of 36 state, provided the association has an email address on file in the 37 department of state to which the secretary of state shall email a notice 38 of the fact that process has been served electronically on the secretary 39 of state. Service of process on such association shall be complete when 40 the secretary of state has reviewed and accepted service of such proc- 41 ess. The secretary of state shall promptly send a notice of the fact 42 that process against such association has been served electronically 43 upon him or her, to such association at the email address on file in the 44 department of state, specified for the purpose and shall make a copy of 45 the process available to such association. If the action or proceeding 46 is instituted in a court of limited jurisdiction, service of process may 47 be made in the manner provided in this section if the cause of action 48 arose within the territorial jurisdiction of the court and the office of 49 the defendant, as set forth in its statement filed pursuant to section 50 eighteen of this [chapter] article, is within such territorial jurisdic- 51 tion. 52 § 6. Paragraph 1 of subdivision (b) of section 304 of the limited 53 liability company law, as amended by section 22 of part KK of chapter 56 54 of the laws of 2021, is amended to read as follows: 55 (1) Personally delivering to and leaving with the secretary of state 56 or his or her deputy, or with any person authorized by the secretary ofA. 3419 4 1 state to receive such service, at the office of the department of state 2 in either the city of Albany or New York, a copy of such process togeth- 3 er with the statutory fee, which fee shall be a taxable disbursement. 4 § 7. Paragraph (b) of section 306 of the not-for-profit corporation 5 law, as amended by section 30 of part KK of chapter 56 of the laws of 6 2021, is amended to read as follows: 7 (b) Service of process on the secretary of state as agent of a domes- 8 tic corporation formed under article four of this chapter or an author- 9 ized foreign corporation shall be made in the manner provided by subpar- 10 agraph one or two of this paragraph. (1) Personally delivering to and 11 leaving with the secretary of state or his or her deputy, or with any 12 person authorized by the secretary of state to receive such service, at 13 the office of the department of state in either the city of Albany or 14 New York, duplicate copies of such process together with the statutory 15 fee, which fee shall be a taxable disbursement. Service of process on 16 such corporation shall be complete when the secretary of state is so 17 served. The secretary of state shall promptly send one of such copies 18 by certified mail, return receipt requested, to such corporation, at the 19 post office address, on file in the department of state, specified for 20 the purpose. If a domestic corporation formed under article four of this 21 chapter or an authorized foreign corporation has no such address on file 22 in the department of state, the secretary of state shall so mail such 23 copy to such corporation at the address of its office within this state 24 on file in the department. (2) Electronically submitting a copy of the 25 process to the department of state together with the statutory fee, 26 which fee shall be a taxable disbursement, through an electronic system 27 operated by the department of state, provided the domestic or authorized 28 foreign corporation has an email address on file in the department of 29 state to which the secretary of state shall email a notice of the fact 30 that process has been served electronically on the secretary of state. 31 Service of process on such corporation shall be complete when the secre- 32 tary of state has reviewed and accepted service of such process. The 33 secretary of state shall promptly send a notice of the fact that process 34 against such corporation has been served electronically on him or her to 35 such corporation at the email address on file in the department of 36 state, specified for the purpose and shall make a copy of the process 37 available to such corporation. 38 § 8. The opening paragraph of paragraph 2 of subdivision (e) of 39 section 121-104-A of the partnership law, as added by chapter 448 of the 40 laws of 1998, is amended to read as follows: 41 Service of such process upon the secretary of state shall be made by 42 personally delivering to and leaving with him or his deputy, or with any 43 person authorized by the secretary of state to receive such service, at 44 the office of the department of state in either the city of Albany or 45 New York, a copy of such process together with the statutory fee, which 46 fee shall be a taxable disbursement. Such service shall be sufficient if 47 notice thereof and a copy of the process are: 48 § 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner- 49 ship law, as amended by section 41 of part KK of chapter 56 of the laws 50 of 2021, is amended to read as follows: 51 (1) By personally delivering to and leaving with him or her or his or 52 her deputy, or with any person authorized by the secretary of state to 53 receive such service, at the office of the department of state in either 54 the city of Albany or New York, duplicate copies of such process togeth- 55 er with the statutory fee, which fee shall be a taxable disbursement.A. 3419 5 1 § 10. Subdivision (a) of section 121-1505 of the partnership law, as 2 amended by section 52 of part KK of chapter 56 of the laws of 2021, is 3 amended to read as follows: 4 (a) Service of process on the secretary of state as agent of a regis- 5 tered limited liability partnership or New York registered foreign 6 limited liability partnership under this article shall be made in the 7 manner provided by paragraph one or two of this subdivision. Either 8 option of service authorized pursuant to this subdivision shall be 9 available at no extra cost to the consumer. (1) Personally delivering to 10 and leaving with the secretary of state or a deputy, or with any person 11 authorized by the secretary of state to receive such service, at the 12 office of the department of state in either the city of Albany or New 13 York, duplicate copies of such process together with the statutory fee, 14 which fee shall be a taxable disbursement. Service of process on such 15 registered limited liability partnership shall be complete when the 16 secretary of state is so served. The secretary of state shall promptly 17 send one of such copies by certified mail, return receipt requested, to 18 such registered limited liability partnership, at the post office 19 address on file in the department of state specified for such purpose. 20 (2) Electronically submitting a copy of the process to the department of 21 state together with the statutory fee, which fee shall be a taxable 22 disbursement, through an electronic system operated by the department of 23 state, provided the registered limited liability partnership or New York 24 registered foreign limited liability partnership has an email address on 25 file in the department of state to which the secretary of state shall 26 email a notice of the fact that process against such registered limited 27 liability partnership or New York registered foreign limited liability 28 partnership served has been electronically served on the secretary of 29 state. Service of process on such registered limited liability partner- 30 ship or New York registered foreign limited liability partnership shall 31 be complete when the secretary of state has reviewed and accepted 32 service of such process. The secretary of state shall promptly send a 33 notice of the fact that process against such registered limited liabil- 34 ity partnership or New York registered foreign limited liability part- 35 nership has been served electronically upon him or her, to such regis- 36 tered limited liability partnership or New York registered foreign 37 limited liability partnership at the email address on file in the 38 department of state, specified for the purpose and shall make a copy of 39 the process available to such registered limited liability partnership 40 or New York registered foreign limited liability partnership. 41 § 11. The opening paragraph of paragraph 2 of subdivision (f) of 42 section 121-1506 of the partnership law, as added by chapter 448 of the 43 laws of 1998, is amended to read as follows: 44 Service of such process upon the secretary of state shall be made by 45 personally delivering to and leaving with him or his deputy, or with any 46 person authorized by the secretary of state to receive such service, at 47 the office of the department of state in either the city of Albany or 48 New York, a copy of such process together with the statutory fee, which 49 fee shall be a taxable disbursement. Such service shall be sufficient if 50 notice thereof and a copy of the process are: 51 § 12. Subdivision 2 of section 203 of the tax law, as amended by chap- 52 ter 100 of the laws of 1964, is amended to read as follows: 53 2. Every foreign corporation (other than a moneyed corporation) 54 subject to the provisions of this article, except a corporation having a 55 certificate of authority under former section two hundred twelve of the 56 general corporation law or having authority to do business by virtue ofA. 3419 6 1 section thirteen hundred five of the business corporation law, shall 2 file in the department of state a certificate of designation in its 3 corporate name, signed and acknowledged by its president or a vice-pre- 4 sident or its secretary or treasurer, under its corporate seal, desig- 5 nating the secretary of state as its agent upon whom process in any 6 action provided for by this article may be served within this state, and 7 setting forth an address to which the secretary of state shall mail a 8 copy of any such process against the corporation which may be served 9 upon him. In case any such corporation shall have failed to file such 10 certificate of designation, it shall be deemed to have designated the 11 secretary of state as its agent upon whom such process against it may be 12 served; and until a certificate of designation shall have been filed the 13 corporation shall be deemed to have directed the secretary of state to 14 mail copies of process served upon him to the corporation at its last 15 known office address within or without the state. When a certificate of 16 designation has been filed by such corporation the secretary of state 17 shall mail copies of process thereafter served upon him to the address 18 set forth in such certificate. Any such corporation, from time to time, 19 may change the address to which the secretary of state is directed to 20 mail copies of process, by filing a certificate to that effect executed, 21 signed and acknowledged in like manner as a certificate of designation 22 as herein provided. Service of process upon any such corporation or 23 upon any corporation having a certificate of authority under former 24 section two hundred twelve of the general corporation law or having 25 authority to do business by virtue of section thirteen hundred five of 26 the business corporation law, in any action commenced at any time pursu- 27 ant to the provisions of this article, may be made by either (1) 28 personally delivering to and leaving with the secretary of state, a 29 deputy secretary of state or with any person authorized by the secretary 30 of state to receive such service duplicate copies thereof at the office 31 of the department of state in either the city of Albany or New York, in 32 which event the secretary of state shall forthwith send by registered 33 mail, return receipt requested, one of such copies to the corporation at 34 the address designated by it or at its last known office address within 35 or without the state, or (2) personally delivering to and leaving with 36 the secretary of state, a deputy secretary of state or with any person 37 authorized by the secretary of state to receive such service, a copy 38 thereof at the office of the department of state in either the city of 39 Albany or New York and by delivering a copy thereof to, and leaving such 40 copy with, the president, vice-president, secretary, assistant secre- 41 tary, treasurer, assistant treasurer, or cashier of such corporation, or 42 the officer performing corresponding functions under another name, or a 43 director or managing agent of such corporation, personally without the 44 state. Proof of such personal service without the state shall be filed 45 with the clerk of the court in which the action is pending within thirty 46 days after such service, and such service shall be complete ten days 47 after proof thereof is filed. 48 § 13. Section 216 of the tax law, as added by chapter 415 of the laws 49 of 1944, the opening paragraph as amended by chapter 100 of the laws of 50 1964 and redesignated by chapter 613 of the laws of 1976, is amended to 51 read as follows: 52 § 216. Collection of taxes. Every foreign corporation (other than a 53 moneyed corporation) subject to the provisions of this article, except a 54 corporation having a certificate of authority under former section two 55 hundred twelve of the general corporation law or having authority to do 56 business by virtue of section thirteen hundred five of the businessA. 3419 7 1 corporation law, shall file in the department of state a certificate of 2 designation in its corporate name, signed and acknowledged by its presi- 3 dent or a vice-president or its secretary or treasurer, under its corpo- 4 rate seal, designating the secretary of state as its agent upon whom 5 process in any action provided for by this article may be served within 6 this state, and setting forth an address to which the secretary of state 7 shall mail a copy of any such process against the corporation which may 8 be served upon him. In case any such corporation shall have failed to 9 file such certificate of designation, it shall be deemed to have desig- 10 nated the secretary of state as its agent upon whom such process against 11 it may be served; and until a certificate of designation shall have been 12 filed the corporation shall be deemed to have directed the secretary of 13 state to mail copies of process served upon him to the corporation at 14 its last known office address within or without the state. When a 15 certificate of designation has been filed by such corporation the secre- 16 tary of state shall mail copies of process thereafter served upon him to 17 the address set forth in such certificate. Any such corporation, from 18 time to time, may change the address to which the secretary of state is 19 directed to mail copies of process, by filing a certificate to that 20 effect executed, signed and acknowledged in like manner as a certificate 21 of designation as herein provided. Service of process upon any such 22 corporation or upon any corporation having a certificate of authority 23 under former section two hundred twelve of the general corporation law 24 or having authority to do business by virtue of section thirteen hundred 25 five of the business corporation law, in any action commenced at any 26 time pursuant to the provisions of this article, may be made by either 27 (1) personally delivering to and leaving with the secretary of state, a 28 deputy secretary of state or with any person authorized by the secretary 29 of state to receive such service duplicate copies thereof at the office 30 of the department of state in either the city of Albany or New York, in 31 which event the secretary of state shall forthwith send by registered 32 mail, return receipt requested, one of such copies to the corporation at 33 the address designated by it or at its last known office address within 34 or without the state, or (2) personally delivering to and leaving with 35 the secretary of state, a deputy secretary of state or with any person 36 authorized by the secretary of state to receive such service, a copy 37 thereof at the office of the department of state in either the city of 38 Albany or New York and by delivering a copy thereof to, and leaving such 39 copy with, the president, vice-president, secretary, assistant secre- 40 tary, treasurer, assistant treasurer, or cashier of such corporation, or 41 the officer performing corresponding functions under another name, or a 42 director or managing agent of such corporation, personally without the 43 state. Proof of such personal service without the state shall be filed 44 with the clerk of the court in which the action is pending within thirty 45 days after such service, and such service shall be complete ten days 46 after proof thereof is filed. 47 § 14. Subdivision (b) of section 310 of the tax law, as added by chap- 48 ter 400 of the laws of 1983, is amended to read as follows: 49 (b) Service of process.--Service of process upon any petroleum busi- 50 ness which is a corporation (including any such petroleum business 51 having a certificate of authority under former section two hundred 52 twelve of the general corporation law or having authority to do business 53 by virtue of section thirteen hundred five of the business corporation 54 law), in any action commenced at any time pursuant to the provisions of 55 this article, may be made by either (1) personally delivering to and 56 leaving with the secretary of state, a deputy secretary of state or withA. 3419 8 1 any person authorized by the secretary of state to receive such service 2 duplicate copies thereof at the office of the department of state in 3 either the city of Albany or New York, in which event the secretary of 4 state shall forthwith send by registered mail, return receipt requested, 5 one of such copies to such petroleum business at the address designated 6 by it or at its last known office address within or without the state, 7 or (2) personally delivering to and leaving with the secretary of state, 8 a deputy secretary of state or with any person authorized by the secre- 9 tary of state to receive such service, a copy thereof at the office of 10 the department of state in either the city of Albany or New York and by 11 delivering a copy thereof to, and leaving such copy with, the president, 12 vice-president, secretary, assistant secretary, treasurer, assistant 13 treasurer, or cashier of such petroleum business, or the officer 14 performing corresponding functions under another name, or a director or 15 managing agent of such petroleum business, personally without the state. 16 Proof of such personal service without the state shall be filed with the 17 clerk of the court in which the action is pending within thirty days 18 after such service, and such service shall be complete ten days after 19 proof thereof is filed. 20 § 15. Subdivision 5 of section 511 of the tax law, as amended by 21 section 7 of part E of chapter 60 of the laws of 2007, is amended to 22 read as follows: 23 5. The operation by a nonresident of a vehicular unit in this state or 24 the operation in this state of a motor vehicle, trailer, semi-trailer, 25 dolly or other device owned by a nonresident shall be deemed equivalent 26 to an appointment by such nonresident of the secretary of state to be 27 his true and lawful attorney upon whom may be served the process in any 28 action or proceeding against him growing out of any liability for fees, 29 taxes, penalties or interest under this article and such operation shall 30 be deemed a signification of his agreement that any such process against 31 him which is so served shall be of the same legal force and validity as 32 if served on him personally within the state and within the territorial 33 jurisdiction of the court from which the process issues. Service of 34 process shall be made by either (1) personally delivering to and leaving 35 with the secretary of state or a deputy secretary of state duplicate 36 copies thereof at the office of the department of state in either the 37 city of Albany or New York, in which event the secretary of state shall 38 forthwith send by registered mail one of such copies to the person at 39 the address designated by him in his application for a certificate of 40 registration under this article or in the last return filed by him under 41 this article or as shown on the records of the commissioner, or if no 42 application has been filed, at his last known office address within or 43 without the state, or (2) personally delivering to and leaving with the 44 secretary of state or a deputy secretary of state a copy thereof at the 45 office of the department of state in either the city of Albany or New 46 York and by delivering a copy thereof to the person, personally without 47 the state. Proof of such personal service without the state shall be 48 filed with the clerk of the court in which the process is pending within 49 thirty days after such service and such service shall be complete ten 50 days after proof thereof is filed. 51 § 16. The opening paragraph of paragraph 2 of subdivision (e) of 52 section 301-A of the limited liability company law, as added by chapter 53 448 of the laws of 1998, is amended to read as follows: 54 Service of such process upon the secretary of state shall be made by 55 personally delivering to and leaving with him or his deputy, or with any 56 person authorized by the secretary of state to receive such service, atA. 3419 9 1 the office of the department of state in either the city of Albany or 2 New York, a copy of such process together with the statutory fee, which 3 fee shall be a taxable disbursement. Such service shall be sufficient if 4 notice thereof and a copy of the process are: 5 § 17. Subdivision (a) of section 303 of the limited liability company 6 law, as amended by section 21 of part KK chapter 56 of the laws of 2021, 7 is amended to read as follows: 8 (a) Service of process on the secretary of state as agent of a domes- 9 tic limited liability company or authorized foreign limited liability 10 company shall be made in the manner provided by paragraph one or two of 11 this subdivision. Either option of service authorized pursuant to this 12 subdivision shall be available at no extra cost to the consumer. (1) 13 Personally delivering to and leaving with the secretary of state or his 14 or her deputy, or with any person authorized by the secretary of state 15 to receive such service, at the office of the department of state in 16 either the city of Albany or New York, duplicate copies of such process 17 together with the statutory fee, which fee shall be a taxable disburse- 18 ment. Service of process on such limited liability company shall be 19 complete when the secretary of state is so served. The secretary of 20 state shall promptly send one of such copies by certified mail, return 21 receipt requested, to such limited liability company at the post office 22 address on file in the department of state specified for that purpose. 23 (2) Electronically submitting a copy of the process to the department of 24 state together with the statutory fee, which fee shall be a taxable 25 disbursement, through an electronic system operated by the department of 26 state, provided the domestic or authorized foreign limited liability 27 company has an email address on file in the department of state to which 28 the secretary of state shall email a notice of the fact that process has 29 been served electronically on the secretary of state. Service of process 30 on such limited liability company shall be complete when the secretary 31 of state has reviewed and accepted service of such process. The secre- 32 tary of state shall promptly send a notice of the fact that process 33 against such limited liability company has been served electronically on 34 him or her to such limited liability company at the email address on 35 file in the department of state, specified for the purpose and shall 36 make a copy of the process available to such limited liability company. 37 § 18. Subparagraph (1) of paragraph (b) of section 307 of the not-for- 38 profit corporation law, as amended by section 31 of part KK of chapter 39 56 of the laws of 2021, is amended to read as follows: 40 (1) Service of such process upon the secretary of state shall be made 41 in the manner provided by items (i) or (ii) of this subparagraph. 42 Either option of service authorized pursuant to this paragraph shall be 43 available at no extra cost to the consumer. (i) Personally delivering to 44 and leaving with him or his deputy, or with any person authorized by the 45 secretary of state to receive such service, at the office of the depart- 46 ment of state in either the city of Albany or New York, a copy of such 47 process together with the statutory fee, which fee shall be a taxable 48 disbursement. (ii) Electronically submitting a copy of the process to 49 the department of state together with the statutory fee, which fee shall 50 be a taxable disbursement, through an electronic system operated by the 51 department of state. 52 § 19. The opening paragraph of paragraph 2 of subdivision (e) of 53 section 306-a of the business corporation law, as added by chapter 469 54 of the laws of 1997, is amended to read as follows: 55 Service of such process upon the secretary of state shall be made by 56 personally delivering to and leaving with him or his deputy, or with anyA. 3419 10 1 person authorized by the secretary of state to receive such service, at 2 the office of the department of state in either the city of Albany or 3 New York, a copy of such process together with the statutory fee, which 4 fee shall be a taxable disbursement. Such service shall be sufficient if 5 notice thereof and a copy of the process are: 6 § 20. The opening paragraph of subdivision (b) of section 307 of the 7 business corporation law, as amended by section 3 of part KK of chapter 8 56 of the laws of 2021, is amended to read as follows: 9 Service of such process upon the secretary of state shall be made in 10 the manner provided by subparagraph [one or two] (i) or (ii) of this 11 paragraph. Either option of service authorized pursuant to this para- 12 graph shall be available at no extra cost to the consumer[. (1)]: (i) 13 Personally delivering to and leaving with him or his deputy, or with any 14 person authorized by the secretary of state to receive such service, at 15 the office of the department of state in either the city of Albany or 16 New York, a copy of such process together with the statutory fee, which 17 fee shall be a taxable disbursement[. (2)] (ii) Electronically submit- 18 ting a copy of the process to the department of state together with the 19 statutory fee, which fee shall be a taxable disbursement, through an 20 electronic system operated by the department of state. Such service 21 shall be sufficient if notice thereof and a copy of the process are: 22 § 21. Section 11-609 of the administrative code of the city of New 23 York is amended to read as follows: 24 § 11-609 Collection of taxes. Every foreign corporation (other than a 25 moneyed corporation) subject to the provisions of this subchapter, 26 except a corporation having authority to do business by virtue of 27 section thirteen hundred five of the business corporation law, shall 28 file in the department of state a certificate of designation in its 29 corporate name, signed and acknowledged by its president or a vice-pre- 30 sident or its secretary or treasurer, under its corporate seal, desig- 31 nating the secretary of state as its agent upon whom process in any 32 action provided for by this subchapter may be served within this state, 33 and setting forth an address to which the secretary of state shall mail 34 a copy of any such process against the corporation which may be served 35 upon the secretary of state. In case any such corporation shall have 36 failed to file such certificate of designation, it shall be deemed to 37 have designated the secretary of state as its agent upon whom such proc- 38 ess against it may be served; and until a certificate of designation 39 shall have been filed the corporation shall be deemed to have directed 40 the secretary of state to mail copies of process served upon him or her 41 to the corporation at its last known office address within or without 42 the state. When a certificate of designation has been filed by such 43 corporation the secretary of state shall mail copies of process there- 44 after served upon the secretary of state to the address set forth in 45 such certificate. Any such corporation, from time to time, may change 46 the address to which the secretary of state is directed to mail copies 47 of process, by filing a certificate to that effect executed, signed and 48 acknowledged in like manner as a certificate of designation as herein 49 provided. Service of process upon any such corporation or upon any 50 corporation having a certificate of authority under former section two 51 hundred twelve of the general corporation law or having authority to do 52 business by virtue of section thirteen hundred five of the business 53 corporation law, in any action commenced at any time pursuant to the 54 provisions of this subchapter, may be made by either: (a) personally 55 delivering to and leaving with the secretary of state, a deputy secre- 56 tary of state or with any person authorized by the secretary of state toA. 3419 11 1 receive such service duplicate copies thereof at the office of the 2 department of state in either the city of Albany or New York, in which 3 event the secretary of state shall forthwith send by registered mail, 4 return receipt requested, one of such copies to the corporation at the 5 address designated by it or at its last known office address within or 6 without the state, or (b) personally delivering to and leaving with the 7 secretary of state, a deputy secretary of state or with any person 8 authorized by the secretary of state to receive such service, a copy 9 thereof at the office of the department of state in either the city of 10 Albany or New York and by delivering a copy thereof to, and leaving such 11 copy with, the president, vice-president, secretary, assistant secre- 12 tary, treasurer, assistant treasurer, or cashier of such corporation, or 13 the officer performing corresponding functions under another name, or a 14 director or managing agent of such corporation, personally without the 15 state. Proof of such personal service without the state shall be filed 16 with the clerk of the court in which the action is pending within thirty 17 days after such service, and such service shall be complete ten days 18 after proof thereof is filed. 19 § 22. Section 11-659 of the administrative code of the city of New 20 York, as added by section 1 of part D of chapter 60 of the laws of 2015, 21 is amended to read as follows: 22 § 11-659 Collection of taxes. Every foreign corporation (other than a 23 moneyed corporation) subject to the provisions of this subchapter, 24 except a corporation having authority to do business by virtue of 25 section thirteen hundred five of the business corporation law, shall 26 file in the department of state a certificate of designation in its 27 corporate name, signed and acknowledged by its president or a vice-pre- 28 sident or its secretary or treasurer, under its corporate seal, desig- 29 nating the secretary of state as its agent upon whom process in any 30 action provided for by this subchapter may be served within this state, 31 and setting forth an address to which the secretary of state shall mail 32 a copy of any such process against the corporation which may be served 33 upon the secretary of state. In case any such corporation shall have 34 failed to file such certificate of designation, it shall be deemed to 35 have designated the secretary of state as its agent upon whom such proc- 36 ess against it may be served; and until a certificate of designation 37 shall have been filed the corporation shall be deemed to have directed 38 the secretary of state to mail copies of process served upon him or her 39 to the corporation at its last known office address within or without 40 the state. When a certificate of designation has been filed by such 41 corporation the secretary of state shall mail copies of process there- 42 after served upon the secretary of state to the address set forth in 43 such certificate. Any such corporation, from time to time, may change 44 the address to which the secretary of state is directed to mail copies 45 of process, by filing a certificate to that effect executed, signed and 46 acknowledged in like manner as a certificate of designation as herein 47 provided. Service of process upon any such corporation or upon any 48 corporation having a certificate of authority under section eight 49 hundred five of the limited liability company law or having authority to 50 do business by virtue of section thirteen hundred five of the business 51 corporation law, in any action commenced at any time pursuant to the 52 provisions of this subchapter, may be made by either: (a) personally 53 delivering to and leaving with the secretary of state, a deputy secre- 54 tary of state or with any person authorized by the secretary of state to 55 receive such service duplicate copies thereof at the office of the 56 department of state in either the city of Albany or New York, in whichA. 3419 12 1 event the secretary of state shall forthwith send by registered mail, 2 return receipt requested, one of such copies to the corporation at the 3 address designated by it or at its last known office address within or 4 without the state, or (b) personally delivering to and leaving with the 5 secretary of state, a deputy secretary of state or with any person 6 authorized by the secretary of state to receive such service, a copy 7 thereof at the office of the department of state in either the city of 8 Albany or New York and by delivering a copy thereof to, and leaving such 9 copy with, the president, vice-president, secretary, assistant secre- 10 tary, treasurer, assistant treasurer, or cashier of such corporation, or 11 the officer performing corresponding functions under another name, or a 12 director or managing agent of such corporation, personally without the 13 state. Proof of such personal service without the state shall be filed 14 with the clerk of the court in which the action is pending within thirty 15 days after such service, and such service shall be complete ten days 16 after proof thereof is filed. 17 § 23. Subdivision 1 of section 11-665 of the administrative code of 18 the city of New York is amended to read as follows: 19 1. Every foreign corporation (other than a moneyed corporation) 20 subject to the provisions of this subchapter, except a corporation 21 having authority to do business by virtue of section thirteen hundred 22 five of the business corporation law, shall file in the department of 23 state a certificate of designation in its corporate name, signed and 24 acknowledged by its president or vice-president or its secretary or 25 treasurer, under its corporate seal, designating the secretary of state 26 as its agent upon whom process in any action provided for by this 27 subchapter or subchapter five of this chapter may be served within this 28 state, and setting forth an address to which the secretary of state 29 shall mail a copy of any such process against the corporation which may 30 be served upon the secretary of state. In case any such corporation 31 shall have failed to file such certificate of designation, it shall be 32 deemed to have designated the secretary of state as its agent upon whom 33 such process against it may be served; and until a certificate of desig- 34 nation shall have been filed the corporation shall be deemed to have 35 directed the secretary of state to mail copies of process served upon 36 the secretary of state to the corporation at its last known office 37 address within or without the state. When a certificate of designation 38 has been filed by such corporation the secretary of state shall mail 39 copies of process thereafter served upon the secretary of state to the 40 address set forth in such certificate. Any such corporation, from time 41 to time, may change the address to which the secretary of state is 42 directed to mail copies of process, by filing a certificate to that 43 effect executed, signed and acknowledged in like manner as a certificate 44 of designation as herein provided. Service of process upon any such 45 corporation or upon any corporation having authority to do business by 46 virtue of section thirteen hundred five of the business corporation law, 47 in any action commenced at any time pursuant to the provisions of this 48 subchapter five or former subchapter six of this chapter may be made by 49 either: (1) personally delivering to and leaving with the secretary of 50 state, a deputy secretary of state or with any person authorized by the 51 secretary of state to receive such service duplicate copies thereof at 52 the office of the department of state in either the city of Albany or 53 New York, in which event the secretary of state shall forthwith send by 54 registered mail, return receipt requested, one of such copies to the 55 corporation at the address designated by it or at its last known office 56 address within or without the state, or (2) personally delivering to andA. 3419 13 1 leaving with the secretary of state, a deputy secretary of state or with 2 any person authorized by the secretary of state to receive such service, 3 a copy thereof at the office of the department of state in either the 4 city of Albany or New York and by delivering a copy hereof to, and leav- 5 ing such copy with, the president, vice-president, secretary, assistant 6 secretary, treasurer, assistant treasurer, or cashier of such corpo- 7 ration, or the officer performing corresponding functions under another 8 name, or a director or managing agent of such corporation, personally 9 without the state. Proof of such personal service without the state 10 shall be filed with the clerk of the court in which the action is pend- 11 ing within thirty days after such service, and such service shall be 12 complete ten days after proof thereof is filed. 13 § 24. Subdivision 7 of section 339-n of the real property law, as 14 amended by section 53 of part KK of chapter 56 of the laws of 2021, is 15 amended to read as follows: 16 7. A designation of the secretary of state as agent of the corporation 17 or board of managers upon whom process against it may be served and the 18 post office address within or without this state to which the secretary 19 of state shall mail a copy of any process against it served upon him or 20 her. The designation may include an email address to which the secretary 21 of state shall email a notice of the fact that process against it has 22 been electronically served upon him or her. Service of process on the 23 secretary of state as agent of such corporation or board of managers 24 shall be made in the manner provided by paragraph (a) or (b) of this 25 subdivision. Either option of service authorized pursuant to this subdi- 26 vision shall be available at no extra cost to the consumer. (a) 27 Personally delivering to and leaving with him or her or his or her depu- 28 ty, or with any person authorized by the secretary of state to receive 29 such service, at the office of the department of state in either the 30 city of Albany or New York, duplicate copies of such process together 31 with the statutory fee, which shall be a taxable disbursement. Service 32 of process on such corporation or board of managers shall be complete 33 when the secretary of state is so served. The secretary of state shall 34 promptly send one of such copies by certified mail, return receipt 35 requested, to such corporation or board of managers, at the post office 36 address, on file in the department of state, specified for such purpose. 37 (b) Electronically submitting a copy of the process to the department of 38 state together with the statutory fee, which fee shall be a taxable 39 disbursement, through an electronic system operated by the department of 40 state, provided the corporation or board of managers has an email 41 address on file in the department of state to which the secretary of 42 state shall email a notice of the fact that process against the corpo- 43 ration or board of managers has been served electronically on the secre- 44 tary of state. Service of process on such corporation or board of manag- 45 ers shall be complete when the secretary of state has reviewed and 46 accepted service of such process. The secretary of state shall promptly 47 send notice of the fact that process has been served electronically on 48 the secretary of state to such corporation or board of managers at the 49 email address on file in the department of state, specified for the 50 purpose and shall make a copy of the process available to such corpo- 51 ration or board of managers. Nothing in this subdivision shall affect 52 the right to serve process in any other manner permitted by law. The 53 corporation or board of managers shall also file with the secretary of 54 state the name and post office address within or without this state to 55 which the secretary of state shall mail a copy of any process against itA. 3419 14 1 served upon the secretary of state and shall update the filing as neces- 2 sary. 3 § 25. Subdivision 3 of section 442-g of the real property law, as 4 amended by chapter 482 of the laws of 1963, is amended to read as 5 follows: 6 3. Service of such process upon the secretary of state shall be made 7 by personally delivering to and leaving with him or his deputy or with 8 any person authorized by the secretary of state to receive such service, 9 at the office of the department of state in either the city of Albany or 10 New York, duplicate copies of such process together with a fee of five 11 dollars if the action is solely for the recovery of a sum of money not 12 in excess of two hundred dollars and the process is so endorsed, and a 13 fee of ten dollars in any other action or proceeding, which fee shall be 14 a taxable disbursement. If such process is served upon behalf of a coun- 15 ty, city, town or village, or other political subdivision of the state, 16 the fee to be paid to the secretary of state shall be five dollars, 17 irrespective of the amount involved or the nature of the action on 18 account of which such service of process is made. If the cost of regis- 19 tered mail for transmitting a copy of the process shall exceed two 20 dollars, an additional fee equal to such excess shall be paid at the 21 time of the service of such process. Proof of service shall be by affi- 22 davit of compliance with this subdivision filed by or on behalf of the 23 plaintiff together with the process, within ten days after such service, 24 with the clerk of the court in which the action or special proceeding is 25 pending. Service made as provided in this section shall be complete ten 26 days after such papers are filed with the clerk of the court and shall 27 have the same force and validity as if served on him personally within 28 the state and within the territorial jurisdiction of the court from 29 which the process issues. 30 § 26. Subdivision 2 of section 250 of the general business law, as 31 amended by chapter 103 of the laws of 1981, is amended to read as 32 follows: 33 2. A summons in an action described in this section may issue in any 34 court in the state having jurisdiction of the subject matter and be 35 served as hereinafter provided. Service of such summons shall be made by 36 mailing a copy thereof to the office of the secretary of state [at his37office] in either the city of Albany or New York, or by personally 38 delivering a copy thereof to one of his regularly established offices, 39 with a fee of ten dollars, and such service shall be sufficient service 40 upon such nonresident provided that notice of such service and a copy of 41 the summons and complaint are forthwith sent by or on behalf of the 42 plaintiff to the defendant by registered mail with return receipt 43 requested. The plaintiff shall file with the clerk of the court in which 44 the action is pending, or with the judge or justice of such court in 45 case there be no clerk, an affidavit of compliance herewith, a copy of 46 the summons and complaint, and either a return receipt purporting to be 47 signed by the defendant or a person qualified to receive his registered 48 mail, in accordance with the rules and customs of the post office 49 department; or, if acceptance was refused by the defendant or his agent, 50 the original envelope bearing a notation by the postal authorities that 51 receipt was refused, and an affidavit by or on behalf of the plaintiff 52 that notice of such mailing and refusal was forthwith sent to the 53 defendant by ordinary mail. Where the summons is mailed to a foreign 54 country, other official proof of the delivery of the mail may be filed 55 in case the post office department is unable to obtain such a return 56 receipt. The foregoing papers shall be filed within thirty days afterA. 3419 15 1 the return receipt or other official proof of delivery or the original 2 envelope bearing a notation of refusal, as the case may be, is received 3 by the plaintiff. Service of process shall be complete when such papers 4 are filed. The return receipt or other official proof of delivery shall 5 constitute presumptive evidence that the summons mailed was received by 6 the defendant or a person qualified to receive his registered mail; and 7 the notation of refusal shall constitute presumptive evidence that the 8 refusal was by the defendant or his agent. Service of such summons also 9 may be made by mailing a copy thereof to the office of the secretary of 10 state [at his office] in either the city of Albany or New York, or by 11 personally delivering a copy thereof to one of his regularly established 12 offices, with a fee of ten dollars, and by delivering a duplicate copy 13 thereof, with a complaint annexed thereto, to the defendant personally 14 without the state by a resident or citizen of the state of New York or a 15 sheriff, under-sheriff, deputy-sheriff or constable of the county or 16 other political subdivision in which the personal service is made, or an 17 officer authorized by the laws of this state, to take acknowledgments of 18 deeds to be recorded in this state, or an attorney and/or counselor at 19 law, solicitor, advocate or barrister duly qualified to practice in the 20 state or country where such service is made, or by a United States 21 marshal or deputy United States marshal. Proof of personal service with- 22 out the state shall be filed with the clerk of the court in which the 23 action is pending within thirty days after such service. Personal 24 service without the state is complete when proof thereof is filed. The 25 court in which the action is pending may order such extensions as may be 26 necessary to afford the defendant reasonable opportunity to defend the 27 action. 28 § 27. Subdivision 2 of section 352-b of the general business law, as 29 amended by chapter 252 of the laws of 1983, is amended to read as 30 follows: 31 2. Service of such process upon the secretary of state shall be made 32 by personally delivering to and leaving with him or a deputy secretary 33 of state a copy thereof at the office of the department of state in 34 either the city of Albany or New York, and such service shall be suffi- 35 cient service provided that notice of such service and a copy of such 36 process are forthwith sent by the attorney general to such person, part- 37 nership, corporation, company, trust or association, by registered or 38 certified mail with return receipt requested, at his or its office as 39 set forth in the "broker-dealer's statement", "salesman's statement" or 40 "investment advisor's statement" filed in the department of law pursuant 41 to section three hundred fifty-nine-e or section three hundred fifty- 42 nine-eee of this article, or in default of the filing of such statement, 43 at the last address known to the attorney general. Service of such proc- 44 ess shall be complete on receipt by the attorney general of a return 45 receipt purporting to be signed by the addressee or a person qualified 46 to receive his or its registered or certified mail, in accordance with 47 the rules and customs of the post office department, or, if acceptance 48 was refused by the addressee or his or its agent, on return to the 49 attorney general of the original envelope bearing a notation by the 50 postal authorities that receipt thereof was refused. 51 § 28. Subdivision 2 of section 48 of the navigation law, as amended by 52 chapter 166 of the laws of 1991, is amended to read as follows: 53 2. A summons in an action described in this section may issue in any 54 court in the state having jurisdiction of the subject matter and be 55 served as hereinafter provided. Service of such summons shall be made by 56 mailing a copy thereof to the office of the secretary of state [at hisA. 3419 16 1office] in either the city of Albany or New York, or by personally 2 delivering a copy thereof to one of his regularly established offices, 3 with a fee of ten dollars, and such service shall be sufficient service 4 upon such non-resident provided that notice of such service and a copy 5 of the summons and complaint are forthwith sent by or on behalf of the 6 plaintiff to the defendant by registered mail with return receipt 7 requested. The plaintiff shall file with the clerk of the court in which 8 the action is pending, or with the judge or justice of such court in 9 case there be no clerk, an affidavit of compliance herewith, a copy of 10 the summons and complaint, and either a return receipt purporting to be 11 signed by the defendant or a person qualified to receive his registered 12 mail, in accordance with the rules [an] and customs of the post-office 13 department; or, if acceptance was refused by the defendant or his agent, 14 the original envelope bearing a notation by the postal authorities that 15 receipt was refused, and an affidavit by or on behalf of the plaintiff 16 that notice of such mailing and refusal was forthwith sent to the 17 defendant by ordinary mail. Where the summons is mailed to a foreign 18 country, other official proof of the delivery of the mail may be filed 19 in case the post-office department is unable to obtain such a return 20 receipt. The foregoing papers shall be filed within thirty days after 21 the return receipt or other official proof of delivery or the original 22 envelope bearing a notation of refusal, as the case may be, is received 23 by the plaintiff. Service of process shall be complete ten days after 24 such papers are filed. The return receipt or other official proof of 25 delivery shall constitute presumptive evidence that the summons mailed 26 was received by the defendant or a person qualified to receive his 27 registered mail; and the notation or refusal shall constitute presump- 28 tive evidence that the refusal was by the defendant or his agent. 29 Service of such summons also may be made by mailing a copy thereof to 30 the office of the secretary of state [at this office] in either the city 31 of Albany or New York, or by personally delivering a copy thereof to one 32 of his regularly established offices, with a fee of ten dollars, and by 33 delivering a duplicate copy thereof, with the complaint annexed thereto, 34 to the defendant personally without the state by a resident or citizen 35 of the state of New York or a sheriff, under-sheriff, deputy-sheriff or 36 constable of the county or other political subdivision in which the 37 personal service is made, or an officer authorized by the laws of this 38 state, to take acknowledgements of deeds to be recorded in this state, 39 or an attorney and/or counselor at law, solicitor, advocate or barrister 40 duly qualified to practice in the state or country where such service is 41 made, or by a United States marshal or deputy United States marshal. 42 Proof of personal service without the state shall be filed with the 43 clerk of the court in which the action is pending within thirty days 44 after such service. Personal service without the state is complete ten 45 days after proof thereof is filed. The court in which the action is 46 pending may order such extensions as may be necessary to afford the 47 defendant reasonable opportunity to defend the action. 48 Nothing herein shall be construed as affecting other methods of 49 service of process against non-residents as provided by law. 50 § 29. Subdivision 2 of section 74 of the navigation law, as amended by 51 chapter 395 of the laws of 1963, is amended to read as follows: 52 2. A summons and complaint in an action described in this section may 53 issue in any court in the state having jurisdiction of the subject 54 matter and be served as hereinafter provided. Service of such summons 55 and complaint shall be made by mailing a copy thereof to the office of 56 the secretary of state [at his office] in either the city of Albany orA. 3419 17 1 New York, or by personally delivering a copy thereof to one of his regu- 2 larly established offices, with a fee of five dollars, and such service 3 shall be sufficient service upon such non-resident provided that notice 4 of such service and a copy of the summons and complaint are forthwith 5 sent by or on behalf of the plaintiff to the defendant by registered 6 mail with return receipt requested. The plaintiff shall file with the 7 clerk of the court in which the action is pending, or with the judge or 8 justice of such court in case there be no clerk, an affidavit of compli- 9 ance herewith, a copy of the summons and complaint, and either a return 10 receipt purporting to be signed by the defendant or a person qualified 11 to receive his registered mail, in accordance with the rules and customs 12 of the post office department; or, if acceptance was refused by the 13 defendant or his agent, the original envelope bearing a notation by the 14 postal authorities that receipt was refused, and an affidavit by or on 15 behalf of the plaintiff that notice of such mailing and refusal was 16 forthwith sent to the defendant by ordinary mail. Where the summons is 17 mailed to a foreign country, other official proof of the delivery of the 18 mail may be filed in case the post-office department is unable to obtain 19 such a return receipt. The foregoing papers shall be filed within thirty 20 days after the return receipt or other official proof of delivery or the 21 original envelope bearing a notation of refusal, as the case may be, is 22 received by the plaintiff. Service of process shall be complete when 23 such papers are filed. The return receipt or other official proof of 24 delivery shall constitute presumptive evidence that the summons mailed 25 was received by the defendant or a person qualified to receive his 26 registered mail; and the notation of refusal shall constitute presump- 27 tive evidence that the refusal was by the defendant or his agent. 28 Service of such summons also may be made by mailing a copy thereof to 29 the office of the secretary of state [at his office] in either the city 30 of Albany or New York, or by personally delivering a copy thereof to one 31 of his regularly established offices, with a fee of five dollars, and by 32 delivering a duplicate copy thereof, with the complaint annexed thereto, 33 to the defendant personally without the state by a resident or citizen 34 of the state of New York or a sheriff, under-sheriff, deputy-sheriff or 35 constable of the county or other political subdivision in which the 36 personal service is made, or an officer authorized by the laws of this 37 state, to take acknowledgments of deeds to be recorded in this state, or 38 an attorney and/or counselor at law, solicitor, advocate or barrister 39 duly qualified to practice in the state or country where such service is 40 made, or by a United States marshal or deputy United States marshal. 41 Proof of personal service without the state shall be filed with the 42 clerk of the court in which the action is pending within thirty days 43 after such service. Personal service without the state is complete when 44 proof thereof is filed. The court in which the action is pending may 45 order such extension as may be necessary to afford the defendant reason- 46 able opportunity to defend the action. 47 § 30. Subdivision 2 of section 253 of the vehicle and traffic law, as 48 amended by chapter 166 of the laws of 1991, is amended to read as 49 follows: 50 2. A summons in an action described in this section may issue in any 51 court in the state having jurisdiction of the subject matter and be 52 served as hereinafter provided. Service of such summons shall be made by 53 mailing a copy thereof to the office of the secretary of state [at his54office] either in the city of Albany or New York, or by personally 55 delivering a copy thereof to one of his regularly established offices, 56 with a fee of ten dollars, and such service shall be sufficient serviceA. 3419 18 1 upon such non-resident provided that notice of such service and a copy 2 of the summons and complaint are forthwith sent by or on behalf of the 3 plaintiff to the defendant by certified mail or registered mail with 4 return receipt requested. The plaintiff shall file with the clerk of the 5 court in which the action is pending, or with the judge or justice of 6 such court in case there be no clerk, an affidavit of compliance here- 7 with, a copy of the summons and complaint, and either a return receipt 8 purporting to be signed by the defendant or a person qualified to 9 receive his certified mail or registered mail, in accordance with the 10 rules and customs of the post-office department; or, if acceptance was 11 refused by the defendant or his agent, the original envelope bearing a 12 notation by the postal authorities that receipt was refused, and an 13 affidavit by or on behalf of the plaintiff that notice of such mailing 14 and refusal was forthwith sent to the defendant by ordinary mail; or, if 15 the registered or certified letter was returned to the post office 16 unclaimed, the original envelope bearing a notation by the postal 17 authorities of such mailing and return, an affidavit by or on behalf of 18 the plaintiff that the summons was posted again by ordinary mail and 19 proof of mailing certificate of ordinary mail. Where the summons is 20 mailed to a foreign country, other official proof of the delivery of the 21 mail may be filed in case the post-office department is unable to obtain 22 such a return receipt. The foregoing papers shall be filed within thirty 23 days after the return receipt or other official proof of delivery or the 24 original envelope bearing a notation of refusal, as the case may be, is 25 received by the plaintiff. Service of process shall be complete when 26 such papers are filed. The return receipt or other official proof of 27 delivery shall constitute presumptive evidence that the summons mailed 28 was received by the defendant or a person qualified to receive his 29 certified mail or registered mail; and the notation of refusal shall 30 constitute presumptive evidence that the refusal was by the defendant or 31 his agent. Service of such summons also may be made by mailing a copy 32 thereof to the office of the secretary of state [at his office] in 33 either the city of Albany or New York, or by personally delivering a 34 copy thereof to one of his regularly established offices, with a fee of 35 ten dollars, and by delivering a duplicate copy thereof with the 36 complaint annexed thereto, to the defendant personally without the state 37 by a resident or citizen of the state of New York or a sheriff, under- 38 sheriff, deputy-sheriff or constable of the county or other political 39 subdivision in which the personal service is made, or an officer author- 40 ized by the laws of this state, to take acknowledgements of deeds to be 41 recorded in this state, or an attorney and/or counselor at law, solici- 42 tor, advocate or barrister duly qualified to practice in the state or 43 country where such service is made, or by a United States [marshall] 44 marshal or deputy United States [marshall] marshal. Proof of personal 45 service without the state shall be filed with the clerk of the court in 46 which the action is pending within thirty days after such service. 47 Personal service without the state is complete when proof thereof is 48 filed. The court in which the action is pending may order such exten- 49 sions as may be necessary to afford the defendant reasonable opportunity 50 to defend the action. 51 § 31. This act shall take effect on the one hundred eightieth day 52 after it shall have become a law.
